Filing an appeal without applying for or furnishing a certified copy of the impugned order before limitation expires renders it incompetent, and tribunals must verify such essential compliance before condoning any delays.

JUDGMENT :

SANJAY KUMAR, J.

1. The very institution of an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016¹[For brevity, ‘the Code’], is in issue.

2. Company Appeal (AT)(CH)(Ins) No. 252 of 2025 was e-filed on 28.09.2024 by M Lalitha, respondent No. 1 herein, before the National Company Law Appellate Tribunal, Chennai (NCLAT). Therein, she challenged the order dated 14.08.2024 passed by the National Company Law Tribunal, Kochi Bench (NCLT), in IA (IBC)/216/KOB/2023 in CP(IB)/05/KOB/2021. By the said order, the NCLT had approved the resolution plan submitted by Angelwoods Apartment Allottees Association, the appellant. Respondent No.1, the mother of a suspended director of the corporate debtor, viz., Samson and Sons Builders and Developers Pvt. Ltd., also claimed to be its financial creditor and sought to challenge the approval of the appellant’s resolution plan.

3. Respondent No.1’s appeal, e-filed on 28.09.2024, was with delay and IA No. 1164 of 2025 was filed by her seeking condonation of the delay of 15 days in its presentation. While so, on 04.10.2024, the Registry of the NCLAT communicated the defects in the said appeal. The defects were supposedly rectified with delay and an application in IA No. 1165 of 2025 was filed seeking condonation of the delay of 150 days in the refiling of the appeal after the curing of defects.

4. The two delay condonation applications were taken up together on 10.11.2025 by the NCLAT. Though the appellant opposed the condonation of such delay, the NCLAT opined that, insofar as the delay in refiling was concerned, condonation thereof was a matter exclusively between it and the appellant. Holding so, the NCLAT condoned the delay of 150 days in the refiling of the appeal, upon deposit of costs of ?50,000/- with the Prime Minister’s Relief Fund. As regards the delay in filing, the NCLAT observed that the same was within the permissible upper limit of 45 days, stipulated under the proviso to Section 61(2) of the Code. Both the IAs were accordingly allowed, vide order dated 10.11.2025. It is this common order dated 10.11.2025 passed by the NCLAT which is subjected to challenge before us presently.

5. Taking note of the fact that the appeal in question was filed before the NCLAT with defects, this Court called for the relevant record from the Registry of the NCLAT. Pursuant thereto, Scrutiny Report dated 27.05.2025 pertaining to the subject appeal was forwarded by the NCLAT. Therein, the Registry noted that the period of limitation for filing the appeal, being 30 days, expired on 13.09.2024 and the condonable delay thereafter, being 15 days, was till 28.09.2024. The appeal was e-filed by respondent No. 1 on the very last day, that is, 28.09.2024. The defects in the appeal were intimated by the Registry on 04.10.2024. The appeal was refiled only on 10.03.2025, though the time stipulated under Rule 26(2) of the National Company Law Appellate Tribunal Rules, 2016²[For brevity, ‘NCLAT Rules’], for curing of defects is only 07 days. However, the Registry of the NCLAT found that defects galore still remained uncured. The defects that were noticed by the Registry even after the refiling of the appeal were as under: -

‘1. Appeal should be in chronological order: Memos of parties, Synopsis, List of dates & Events, Memorandum of Appeal, Certified copies of the Impugned order

2. IA to be filed after Dates and events & Rule provision not mentioned

3. Appellant should be signed in IA Papers

4. IA not reflect in the e portal

5. Vakalath to be duly stamped

6. Appeal not in the format of NCLAT – I

7. Certified copy of the impugned order to be filed or IA with r